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The law around arrests and searches in Portugal, which also applies in Funchal, is based on constitutional rights balanced with police powers for ensuring public safety. In most cases, the police can only carry out arrests and searches with a warrant from a judge, unless circumstances demand immediate police action. Portuguese law also recognizes individual rights during the arrest process like the right to remain silent and to have access to legal counsel.
Whether you or your loved one has been subject to an arrest, search or have had your rights violated during the process, you may need a lawyer. Legal experts can help protect your rights, understand the complexities of the Portuguese legal system, advise on possible defences and present a robust case before the court. You may also need a lawyer to file complaints against unlawful arrests or searches.
According to Article 27 of the Portuguese Constitution, arrests without any legal foundation are considered elective. Furthermore, the Constitution states that everyone has a right to resist an order that infringe on their rights, freedoms, or safeguards and to repel by force any aggression when recourse to public authority is not possible. The Portuguese Criminal Procedure Code also provides additional details about when, how, and under what conditions an arrest or search can be carried out.
According to Portuguese law, you can be detained for a maximum of 48 hours before being brought before a judge for a hearing.
Refusing to be searched can have legal consequences unless the search is carried out in violation of your rights. It’s better to seek legal advice before refusing a search.
Yes, you have a right to have a lawyer present during interrogation. If you cannot afford one, a public defender will be appointed for you.
If your rights were violated, you should discuss the situation with a lawyer who can guide you on filing a complaint or seeking other forms of redress.
Except in cases of flagrante delicto, or certain emergencies, law enforcement generally needs a warrant issued by a judge to enter and search your home.
Some helpful resources include the Portuguese Bar Association (Ordem dos Advogados), which can help find a lawyer. On a governmental level, the Commission for Citizenship and Gender Equality (Comissão para a Cidadania e a Igualdade de Género) can protect and enforce your rights. The Portuguese Ombudsman (Provedor de Justiça) can also be a resource for those who feel their rights have been violated.
If you need legal assistance, the next step should be to contact a lawyer. Reach out to a trusted law firm or a legal aid society in Funchal. Discuss your case with them, understand the likely outcomes, and prepare well for the legal process. In addition, maintaining a record of all communications, documenting any violations, and gathering any potential evidence can greatly assist your case.
